tag:blogger.com,1999:blog-21633793.post116350321437324214..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Who Can Consent to a Search of Your Computer?Susan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-21633793.post-55997804295668934142010-09-25T03:03:41.552-04:002010-09-25T03:03:41.552-04:00Is there any way that it could be argued effective...Is there any way that it could be argued effectively that seeking the consent of one co-owner (i.e., a spouse) and not the other (due to lack of physical presence) is violative of the the non-present co-owner's 4th amendment rights?<br /><br />Why is it okay for a person who shares property with another person to act as the sole owner of said property in the absence of the other person? Why doesn't the LEA have to seek consent from BOTH parties (if there is more than one owner), whether all parties involved are present or not, before the search/seizure can be legally consented-to?<br /><br />It doesn't seem very fair to me that, when I co-habit with another person that I am essentially giving up my 4th amendment rights, simply by virtue of the fact that because I live with them, they are technically "co-owners" of my property.<br /><br />As far as I'm concerned, anybody who knows me knows that I would NEVER consent to a search/seizure of my property, and that is implied non-consent, whether I am physically present or not.<br /><br />But is that a convincing/effective legal argument, or do my 4th amendment rights only apply if I remain single and refuse to even live with a roommate?!Anonymousnoreply@blogger.com